U.S. v. Fincher

Dist. Ct. did not err in sentencing defendant to 5-year mandatory minimum sentence on drug conspiracy charge, after Dist. Ct. determined that defendant was ineligible for safety-valve relief, since defendant possessed gun in connection with his drug offense. Ct. rejected defendant’s contention that Dist. Ct. violated his 6^th Amendment rights under Apprendi by making safety-value determination instead of jury, where Ct. found that Dist. Ct.’s resolution of said issue did not increase defendant’s mandatory minimum sentence. Also, Dist. Ct. did not err in finding that gun was related to drug conspiracy offense, where: (1) ammunition was stored near drugs in defendant’s apartment; (2) gun was loaded and kept in readily accessible place; and (3) defendant’s apartment, which was used as base of drug operations, was small, and there was proximity between loaded gun and drug stash.